Smith v. State

OPINION

DALLY, Judge.

This is an appeal from a final judgment forfeiting an appearance bond.

The appellee did not file a brief in this Court within 25 days after the filing of appellant’s brief as required by Tex.R. Civ.P. 414. The appellee’s motion for an extension of time was denied by this Court on February 6, 1978. The appellee’s failure to file a brief allows us to accept as true any statement made by appellant in his brief as to the facts or the record. Tex.R. Civ.P. 419; Art. 44.44, V.A.C.C.P.; Weatherly v. Byrd, 519 S.W.2d 504 (Tex.Civ.App.-Fort Worth 1975, no writ); Howard v. Pullicino,…